AND other Leave Laws

April 2014

Job protection for serious medical conditions:

◦ For employees’ own condition.

◦ For immediate family members. Immediate Family Members include spouse, parent, or child. Per Washington law, domestic partners are included as

immediate family members. Child must be under 18, or over 18 and incapable of self care.

Job protection for:

◦ Parental leave, Adoption.

◦ Military Exigency Leave.

◦ Military Caregiver Leave.

Guarantees the employee’s right to remain in the same or

equivalent position.

Victims of Domestic Violence. Paid leave or LWOP as needed.

Spouses of Deployed Military Personnel. 15 days of paid leave or LWOP.

Washington Disability Law Entitles pregnant women time off as directed by

their HCP. Paid leave or LWOP. Entitles temporarily disabled individuals time off as

directed by their HCP. Paid leave or LWOP.

Prior to the Family Medical Leave Act of 1993, employees had no job protection when taking

leave for medical reasons.

Employees are entitled to up to 12 weeks of job protected leave if :

◦ The employer has 50 or more employees within a 50 mile radius.

◦ The employer is a Public Employer

They have worked at least 1250 hours within the previous 12 month period.

Paid Leave/Leave Without Pay (LWOP) and Holidays do not count towards the 1250 hours.

Employed at least 12 months (52 weeks - need not be consecutive) for a covered employer.

Employer does not have to count service prior to 7 years.

Rolling (forward) – 12 month periodRolling (forward) – 12 month period

Twelve weeks of leave during the 12 month period, beginning on the first date FMLA

leave is taken.

This means the cycle repeats as needed in following years.

12 weeks of unpaid leave. ◦ Although the employee may opt to use paid leave

if available.◦ Keep the same salary and same or equivalent job.

No loss of health benefits. ◦ The employee must maintain their portion of

health care premiums.◦ The employer continues to pay the employer’s

portion of premium.

FMLA is NOT additional paid leave.

Employees who are out of their own paid leave must take leave without pay (LWOP).

12 weeks of unpaid FMLA leave for:

oOwn serious health condition.oParental leave, including adoption.

oImmediate family member’s serious health condition.

oMilitary qualifying exigency.

An illness, injury, impairment, or physical or mental condition that involves:

Inpatient care in a hospital, hospice, or residential medical care facility, or any subsequent treatment in connection with such inpatient care.

Continuing treatment by a health care provider (HCP)

Any period of incapacity or treatment for such incapacity due to a chronic serious health condition.

A medical condition requiring over three days absence.

◦ EXAMPLES: Surgeries and recovery. Maternity leave In-patient Treatment.

A medical condition requiring regular intermittent leave.

◦ EXAMPLES: Out-Patient Treatment. Required Doctor or Therapy Visits. Recurring Episodes of a Single Underlying Condition.

Cold, flu, earaches, and minor ulcers.

Cosmetic treatments.

Substance Abuse. Unless in a certified treatment program

FMLA -MilitaryFMLA -Military

26 weeks of unpaid leave for:

oCovered service member recovering from a serious illness or injury sustained in the line of duty while on active duty.

26 weeks of leave in a single 12-month period applies to:An eligible employee (meets the 1250 hours threshold in the previous 12 month period) who is the spouse, child of any age, parent, or next of kin of a covered service member recovering from:

A serious illness or injury sustained in the line of duty while on covered active duty.

A serious illness or injury includes aggravation of existing or preexisting injuries/illnesses that were incurred in the line of military duty.

A covered service member now includes veterans who are undergoing medical treatment, recuperation, or therapy for an illness or injury that manifested itself before or after the service member became a veteran.

Employee is entitled to up to 12 weeks of leave because of:

•Any qualifying exigency arising out of the fact that the spouse, child of any age, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation.

•Exigency leave applies to family members of the Reserves, national Guard and of the Regular Armed Forces and Retired Reserves.

Leave For Spouses of Deployed Military Personnel

RCW 49.77

During a period of military conflict, an employee who is the spouse of a member of the armed

forces, National Guard, or reserves is entitled to 15 days of unpaid leave per deployment after

the military spouse has been notified of an impending call or order to active duty.Must provide five days prior notice.

PregnancyPregnancy

Pregnancy Disability Leave RCW 49.78

Provides women with a leave of absence for the period of time that she is sick or temporarily disabled because of pregnancy or childbirth.

This typically entails six weeks of leave after the birth of a baby.

May also include any needed time off before the birth, as directed by the HCP.

The 12 week FMLA entitlement runs concurrently with the disability leave.

18 + weeks of combined FMLA and WA Family Leave for:

oPregnancy, childbirth, and bonding.

Maternity leave above and beyond the FMLA.

Disability Leave 6 + WeeksDisability Leave 6 + Weeks

WA State Family Leave Act 12 WeeksWA State Family Leave Act 12 Weeks

FMLA 12 weeksFMLA 12 weeks

Weeks 6 12 18Weeks 6 12 18

Leave for Victims of Domestic Violence(DVL)RCW 49.76

Grants leave for victims of domestic violence, sexual assault, or stalking.◦ For legal or law enforcement assistance,

medical treatment, counseling, or personal safety.

Covers child, spouse, parent, parent-in-law, grandparent, or person the employee is dating.

SUPERVISOR: •Directs the Employee to HRS•Notifies HR with information

SUPERVISOR: •Directs the Employee to HRS•Notifies HR with information

HRS:•Determines eligibility

•Sends or gives the employee an FMLA packet•Informs employee of their rights under the FMLA

•Determines for what reasons and for how long the employee needs leave, according to the Health Care Provider (HCP)

Certification •Relays non-confidential information to supervisor

concerning the employees continuous or intermittent leave

HRS:•Determines eligibility

•Sends or gives the employee an FMLA packet•Informs employee of their rights under the FMLA

•Determines for what reasons and for how long the employee needs leave, according to the Health Care Provider (HCP)

Certification •Relays non-confidential information to supervisor

concerning the employees continuous or intermittent leave

Employee:•Has 15 calendar days to return the completed FMLA

packet•Must designate absences when they are FMLA related

•Must abide by Evergreen’s leave policies and procedures

Employee:•Has 15 calendar days to return the completed FMLA

packet•Must designate absences when they are FMLA related

•Must abide by Evergreen’s leave policies and procedures

Certification of Health Care Provider◦ Specific to employees’ own condition or that of a family member.◦ Separate certification for military leave.

Request for FML Form◦ Indicates to the supervisor and HR how much leave the employee

anticipates and whether the leave will be paid or unpaid. Release of Confidential Information. Rights Under FMLA. Physician’s Estimate of Physical Capacities. Request for Reasonable Accommodation. FMLA leave request instructions

30 days advance notice when foreseeable. Domestic Violence Leave (DVL) requires employer notice

within 24 hours. Comply with Evergreen’s leave policy and timekeeping

procedures. An employee must state when their leave is for FMLA

purposes. The leave system has a check box marked “FMLA”

and tracks hours automatically. The employee does not have to give the supervisor details

about the nature of the medical condition.

All Medical Documentation All Medical Documentation Must Be Kept in a Separate Must Be Kept in a Separate

Medical File in HRS.Medical File in HRS.Must Must notnot be kept in supervisory files. be kept in supervisory files.

John sometimes needs to leave work because of migraine headaches.

DOES JOHN QUALIFY FOR FMLA?DOES JOHN QUALIFY FOR FMLA?Yes, John’s condition is considered “chronic”

under the FMLA.

Supervisor:Send John to HRS to pick up an FMLA packet (packets can also be

emailed).HRS:

Place John on conditional FMLA pending the return of the Certification

of Health Care Provider.

How to check the “FMLA” box when submitting leave for FMLA on the Leave Request screen.

This will ensure the leave you take is protected under the FMLA

Enter Leave

Preview Leave Request

This is how you check if you indeed marked/checked the “FMLA” box. You can look up a leave request in the pending leave tab or the leave history tab (double click a leave request) and select “Detail”. The leave request will expand and you can see if you checked the “FMLA” box.

There could be reasons that the FMLA check box is not available after you preview your leave request:

Your FMLA period ended You exceeded your 12 week (or other) entitlement

If you are having problems “checking” the FMLA box when submitting a leave request, please contact HRS.

Human Resources is obligated by law to designate FMLA for: ◦ serious/chronic sick leave absences over 3 days. ◦ Regular intermittent leave.

Supervisors must know when an employee is taking FMLA leave.

Employees are protected from disciplinary action for reasons concerning their medical condition.